Legal Question in Family Law in Colorado

Re: Morgage issue

The decision as to whether to move out of the marital home is a difficult one.

Your question raises two good points. First, when a Colorado court looks at dividing up property, the goal is to distribute property on an equitable basis, which usually means on a 50-50 basis. The court will not consider affairs, wrongdoing of a party, etc. when splitting up the assets. In the event the two parties cannot come to an agreement regarding the house, or if neither party is able to buy out the interest of the other, then the house will be sold, the mortgage paid off, and then any remaining equity will be split between the parties. And, courts do not look favorably upon spouses who have an attitude along the lines of, "I'd rather walk away with nothing than seeing my spouse get anything."

You also have concern about the possibility of the house getting foreclosed if you move out. If you haven't filed for divorce yet, I strongly encourage you to contact an attorney to review your strategy here. After the divorce has been filed, you can request a Temporary Orders hearing, which allocates who lives in the house, who is responsible for the payments, etc. Ultimately this will not protect you from any action on your spouse's part, but it will allow you some recourse if he doesn't follow the court's order. Depending on the circumstances, you could get an emergency order. Again, consulting with an attorney can help you with determining how to proceed with the divorce action.

Best of luck to you, and feel free to contact our office if you would like to pursue this further.

Christine C. Nierenz

www.harrisfamilylaw.com